Copyright & Infringement

“Ideas are generally free to copy, but the line between an idea and expression may be difficult to draw.”

Creatives may be inspired by other artists, previous art, and the world around them. For example, Cezanne is thought to have inspired Picasso’s cubism period, and Boucher, Fragonard and Watteau inspired Renoir.

Copyright protection does not preclude another artist from creating independently authored, yet identical, works. Copyright does not protect everything. For example, copyright does not protect facts, processes or utilitarian aspects of a design.

Hollyshop has adopted the following general policy toward copyright and intellectual property infringement, in accordance with general UK intellectual property laws

Hollyshop may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Hollyshop removes or disables access in response to such a notice, Hollyshop will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.

Items sold on Hollyshop must not infringe someone else’s copyright or trademark.

If you are listing items to sell please make sure that:

All designs are your original work.
Any items made from bought fabric can be resold.
If your item includes an image that has not been created by you, you have permission to use it.
If you are using a brand name, logo etc., it is your responsibility to check that you are not infringing the owner’s copyright and any trademark. Any liability rests with you should the copyright or trademark owner pursue a legal case against you for misuse of a trademarked term or logo and/or for using copyrighted material.

We can only take action or remove items from Hollyshop if we know that they definitely infringe copyright.  Each company has their own policy on use of their brand; some don’t allow any use of their name, logo etc., others actively encourage it. Also, parodies of works protected by copyright often fall under existing fair use exceptions, and this is something we can not research or police.

Therefore if there is an alleged infringement, we ask that the owner of the copyright, or an agent authorised to act on behalf of the owner, contacts us directly to provide us with a Infringement Notice. Only complaints by owners or their agents will be pursued by Hollyshop. The listing(s) (and potentially the shop) will then be suspended while the complaint is assessed, and any further action taken as necessary.

Our policy is legitimate and is based on the consensus position of sites where the content is created by users of the service.

Advice about copyright and trademarks can be sought from the following organisations:

Intellectual Property Office –
http://www.ipo.gov.uk/

Institute of Trademark Attorneys:
http://www.itma.org.uk/

Fact sheets on copyright
http://www.copyrightservice.co.uk/copyright/

If you believe that material on or accessible through Hollyshop infringes a copyright or other intellectual property right, please provide Hollyshop of notice of such infringement. You must send a written notice of the infringement (specifying the type of infringement) at issue to legal@hollyshop.com